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02 October 2019 | Story Anneri Meintjes | Photo Charl Devenish
Anneri Meintjes
Anneri Meintjes from the Centre for Teaching and Learning at the UFS.

The #FeesMustFall student-led movement started in 2015 to protest against increasing student fees and to call for increased government funding of universities. At the end of 2016, the protests led to mass disruption of academic activities in higher-education institutions countrywide. Some universities, including the University of the Free State (UFS), suspended academic activities for extended periods which necessitated online and blended learning approaches (the combination of face-to-face and online learning) to complete the academic year. In most cases, these methods were unplanned and unstructured, and knowledge gaps in good blended learning practice were identified.

The Carnegie Corporation of New York funded a two-year research project in collaboration with the University of Pretoria, UFS, University of Cape Town and University of Johannesburg to investigate the use of blended learning at the end of 2016, during the campus disruptions, as well as how these respective institutions used blended learning in 2017.

The prohibitive cost of data in South Africa means few of our students have access to the internet off-campus. The most recent data on UFS student digital identity shows that only 21% have consistent, reliable access to the internet at home. This is a challenge not only for the UFS but for all universities in the country.

“For technology to be used in a way that contributes to learning and teaching, we needed to investigate what works well and what does not, considering our contextual challenges” says Anneri Meintjes from the Centre for Teaching and Learning, who was the principal researcher for the UFS on this project. In the first phase of the research, she wrote a case study on the UFS’ approach to blended learning during and after the protests in 2016. The findings of this phase of the research were presented at a national convening of higher-education institutions across South Africa.

In the second phase of the research, the four participating universities produced open educational resources on good, blended learning practice to share with universities countrywide. The UFS was responsible for the development of online assessment resources and general best-practice guidelines for the use of blended learning. Anneri says: “While we had laid solid foundations for the effective use of online assessment at the UFS prior to 2016 through the investment in online assessment software and staff development in online assessment design, we learnt many valuable lessons during that time. It provided momentum for the establishment of formal online assessment procedures and refinement of best-practice guidelines. This research project gave us an opportunity to share our work on a national platform.” The number of lecturers that use online assessment in their modules has grown considerably at the UFS since 2016. In 2016, 211 online assessments were completed on Questionmark (UFS online assessment programme) and in 2018, this number had grown to 743. Institutional Blackboard use data shows that at least one online assessment tool is used in 47% of all modules on Blackboard.

Resources developed by the other participating institutions include a self-evaluation app that academics can use to reflect on their existing blended learning practices, and an online utility that assists lectures and course designers to plan blended learning modules.

Anneri also coordinated the development of the national website, which was launched at the Flexible Futures conference hosted by the University of Pretoria on 9-10 September 2019. The website and resources were praised at the conference for being a timely response to a critical need in the higher education community in South Africa.

News Archive

UFS law experts publish unique translation
2006-06-21

Attending the launch of the publication were from the left:  Prof Boelie Wessels (senior lecturer at the UFS Faculty of Law), Prof Frederick Fourie (Rector and Vice-Chancellor of the UFS), Prof Johan Henning (Dean: UFS Faculty of Law) and Adv Jaco de Bruin (senior lecturer at the UFS Faculty of Law). Prof Wessels translated the treatise from corrupted medieval lawyer Latin into English, Prof Henning is the leading author and initiator of the publication and Adv de Bruin assisted with the proofreading and editing. Photo: Stephen Collett

UFS law experts publish unique translation of neglected source of partnership law

The Centre for Business Law at the University of the Free State (UFS) has translated a unique long neglected Roman-Dutch source of the law of partnership law from Latin into English.  This source dates back to 1666. 

The book, called Tractatus de Societate (A Treatise on the Law of Partnership), by Felicius and Boxelius is published as Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law.  It is the first translation of this Roman-Dutch source into English and comprises of a comprehensive discussion of the South African common law of partnerships.  

“Apart from various brief provisions dealing on a peace meal and an ad hoc basis with diverse matters such as insolvency, there is no comprehensive Partnership Act in South Africa.  The law of partnership in South Africa consists of South African common-law, which is mainly derived from Roman-Dutch law,” said Prof Johan Henning, Dean of the Faculty of Law at the UFS.  Prof Henning is also the leading author and initiator of this comprehensive publication.

“Countries such as America, England, Ireland and The Netherlands have drafted or are in the process of establishing new modern partnership laws in line with new international guidelines, practices and commercial usages,” said Prof Henning.

“However, in South Africa the most recent policy document released by the Department of Trade and Industry explicitly excludes partnership law from its present company law reform programme and clearly regards this as an issue for another day,” said Prof Henning.

“Unless there is a political will to allocate the necessary resources to a comprehensive partnership law revision program, it is a practical reality that South Africa will not have a modern Partnership Act in the foreseeable future,” said Prof Henning. 

According to Prof Henning South African courts have been using the Roman-Dutch partnership law sources as authority.  “The English Partnership Act of 1890 is not binding and the English text books should therefore be approached with caution,” said Prof Henning.

“A treatise on the law of partnership that has been regarded by South African courts as an important common law authority is that of  a Frenchman by the name of Pothier.  This treatise was translated into English and was regarded as an au­thority of significance in The Netherlands towards the end of the eighteenth century,” said Prof Henning. 

“Pothier’s opinions are however not valid throughout in the Roman-Dutch partnership law as it did not apply to the Dutch province of The Netherlands and it sometimes also rely on local French customs for authority,” said Prof Henning.

For this reason the Centre for Business Law at the UFS decided to focus its attention again on the significance of the comprehensive treatise of Felicius and Boxelius on the Roman-Dutch partnership law.  Felicius was an Italian lawyer and Boxelius a Dutch lawyer.

This long neglected source of partnership law was published in 1666 in Gorkum in The Netherlands.  "A significant amount of Roman-Dutch sources of authoritive writers trusted this treatise and referred to it,” said Prof Henning.

The translation of the treatise from corrupted medieval lawyer Latin into English  was done by Prof Boelie Wessels, a very well-known expert on Roman Law and senior lecturer at the UFS Faculty of Law.  Prof Wessels, who  has 15 degrees, spent almost ten years translating the treatise.  The proofreading and editing of the translation was done by Prof Henning and Adv Jaco de Bruin, a senior lecturer at the UFS Faculty of Law.

“We want the South African courts to use Volume 40 in the research series Mededelings van die Sentrum vir Ondernemingsreg/Transactions of the Centre for Business Law as the primary source of reference when cases where Roman-Dutch Law partnership law principles are involved, are ruled on,” said Prof Henning.

The first part of the publication comprises of selected perspectives on the historical significance of the work as well as a translation of selected passages. “The intention is to follow this up expeditiously with the publication of a very limited edition of a complete translation of the work,” said Prof Henning.

A total of 400 copies of the publication will be distributed to all courts, the Appeal Court and the Supreme Court.

Media release
Issued by: Lacea Loader
Media Representative
Tel:   (051) 401-2584
Cell:  083 645 2454
E-mail:  loaderl.stg@mail.uovs.ac.za
21 June 2006

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